Petitioner moved back to US - Fill out I-865??

[gonzolux 82]

Hi! I moved back to the US two months ago to re-establish domicile as we await my husband's CR1 Interview (in less than two weeks!). When I filed my I-864 (AOS) I put my parents' address (which was my permanent address for the three years I lived abroad). I now have a residence away from my parents, but do I need to fill out an I-865 now? Or do I wait until the visa is approved? I just found out the I-865 existed and I'm two weeks past the 30 day filing guidelines! 

[payxibka 10,047]

30 minutes ago, gonzolux said:

Hi! I moved back to the US two months ago to re-establish domicile as we await my husband's CR1 Interview (in less than two weeks!). When I filed my I-864 (AOS) I put my parents' address (which was my permanent address for the three years I lived abroad). I now have a residence away from my parents, but do I need to fill out an I-865 now? Or do I wait until the visa is approved? I just found out the I-865 existed and I'm two weeks past the 30 day filing guidelines! 

When the intending immigrant gets immigrant status 

[gonzolux 82]

1 minute ago, payxibka said:

When the intending immigrant gets immigrant status 

But then when I fill out the form,  it will be even further past the 30 days. Does that get me or us in trouble? I looked at the form, is there a way to indicate that I would be filling it out for a new immigrant? I see that it says "sponsored immigrant," not "sponsored beneficiary" so it does make sense it's only for once immigrant status is reached. 

[payxibka 10,047]

5 minutes ago, gonzolux said:

But then when I fill out the form,  it will be even further past the 30 days. Does that get me or us in trouble? I looked at the form, is there a way to indicate that I would be filling it out for a new immigrant? I see that it says "sponsored immigrant," not "sponsored beneficiary" so it does make sense it's only for once immigrant status is reached. 

The i864 isn't effective until the alien gets immigrant status 

[gonzolux 82]

7 minutes ago, payxibka said:

The i864 isn't effective until the alien gets immigrant status 

Thank you so much! I was concerned because I just learned the I-865 form existed an hour ago. As soon as my husband has his visa in hand, I'll fill out the form and send it in.  

[payxibka 10,047]

Just now, gonzolux said:

Thank you so much! I was concerned because I just learned the I-865 form existed an hour ago. As soon as my husband has his visa in hand, I'll fill out the form and send it in.  

Technically upon entry as that is when status is granted 

[gonzolux 82]

Just now, payxibka said:

Technically upon entry as that is when status is granted 

Ah okay. We are just trying to do everything correctly. We are also moving right after he arrives, so we will fill out an AR-11 and inform the Social Security office immediately as well. Thankfully if things get sent to the wrong address, our previously listed address is just my parents' house less than an hour away from where we are moving! 

[Lil bear 4,347]

8 minutes ago, gonzolux said:

Ah okay. We are just trying to do everything correctly. We are also moving right after he arrives, so we will fill out an AR-11 and inform the Social Security office immediately as well. Thankfully if things get sent to the wrong address, our previously listed address is just my parents' house less than an hour away from where we are moving! 

He can offer the change of address to the CO at the interview. At POE , he will need to advise the CBP of the new address for the mailing of his Green Card. If both those things are done then the address for both of you will be current as he enters .. and you won’t need either the I865 or the AR 11 at that time 

[gonzolux 82]

25 minutes ago, Lil bear said:

He can offer the change of address to the CO at the interview. At POE , he will need to advise the CBP of the new address for the mailing of his Green Card. If both those things are done then the address for both of you will be current as he enters .. and you won’t need either the I865 or the AR 11 at that time 

Good to know! He will offer it then at the interview and at POE if all goes well! Does the CBP give some sort of confirmation that you informed USCIS of an address change? I don't want us to get in trouble for not filling out an AR-11. 

[Hank_ 9,174]

22 minutes ago, gonzolux said:

Good to know! He will offer it then at the interview and at POE if all goes well! Does the CBP give some sort of confirmation that you informed USCIS of an address change? I don't want us to get in trouble for not filling out an AR-11. 

I would suggest you go online with USCIS once your husband is in the USA to make sure your address is updated.   Simply complete an Change of Address

 

https://egov.uscis.gov/coa/displayCOAForm.do     The online form gets the job done.

[payxibka 10,047]

23 minutes ago, Hank_ said:

I would suggest you go online with USCIS once your husband is in the USA to make sure your address is updated.   Simply complete an Change of Address

 

https://egov.uscis.gov/coa/displayCOAForm.do     The online form gets the job done.

Gets the job done for the alien but does not fulfill the USCs requirement as it relates to the i864.   Check the link you provided and read about if you are a USC.   Specifically says to prepare the i865

[Lil bear 4,347]

8 minutes ago, payxibka said:

Gets the job done for the alien but does not fulfill the USCs requirement as it relates to the i864.   Check the link you provided and read about if you are a USC.   Specifically says to prepare the i865

If the address of the sponsor is amended by the  CO at interview then it will meet the requirements for the sponsor. Until the Visa is actually used at POE there is no active I864 against which to apply a change of address... only a potential 864.  My opinion only 

[payxibka 10,047]

3 minutes ago, Lil bear said:

Until the Visa is actually used at POE there is no active I864 against which to apply a change of address... only a potential 864.  My opinion only 

If you read back, this is consistent with what I've already said.   

Edited September 26, 2019 by payxibka